Great care is needed to avoid rendering the tree unstable and liable to windblow. This article seeks to summarise the key principles of case law in respect of certain areas of dispute relating to neighbour law and related nuisance which are commonly encountered. Even the most genial of neighbours can find themselves in conflict over delinquent trees. Other laws apply to trees in the ACT, including: 1. Even if its branches or, worse still, its roots have begun to grow over or into a neighbour’s territory, it belongs to the landowner where the tree was originally planted. Trees and Neighbours. Some trees in the ACT are protected under theTree Protection Act 2005 (ACT). The problem was that they chose to plant oak trees, which have strong lateral root systems that drain the soil surrounding them. These ordinances allow you to sue your neighbor to force your neighbor to remove a tree (or the branches of a tree) that is blocking your scenic view. Debris From Overhanging Branches "Can I request my neighbour to trim the branches from their trees that hang over my property. It is not commonly known, but property owners are responsible for tree branches that overhang onto a neighbour’s property or for roots that spread across boundaries into a neighbour’s property. Garden related issues can be incredibly infuriating for neighbours and cause a great deal of tension. The poor management of greenery can lead to disputes and hostile interactions between neighbours. There is no legal right to poison encroaching roots. In most states, the law states you are allowed to prune the part of the tree that crosses your boundary line, and this is known as tree abatement. In the case Bingham v City Council of Johannesburg 1934 WLD 180, the municipality planted trees along the footpath for beautification purposes. What if a tree is protected by another law? In Victoria, South Australia, Western Australia and Tasmania, the common law is the sole law that applies because there is no specific legislation dealing with tree disputes. Often property owners will approach Council to express their concerns with the hope that Council will resolve the matter. If a solution cannot be reached by negotiation and the problem cannot be ignored, legal action may be appropriate as a last resort. Tree disputes can take many forms, such as trees that fall on a neighbor's property and cause damage or circumstances where a neighbor's tree blocks what would be a scenic or otherwise pleasant view. The most common tree problems between neighbours include overhanging branches, tree litter, shading and intruding roots. If the tree is a danger to the … Neighbors and Trees Trees are a common dispute among neighbors. Learn how to deal with problems involving trees and neighbours. However, it’s important to check local laws, and also make sure there’s no tree preservation order in place. These ordinances are very specific, so if you live in one of the few cities that has one, you need to research the law to determine if it actually applies to you. Trees with lateral root systems are often a culprit in neighbourly disputes. However, it’s advisable to talk to them and let them know what you're intending to do anyway. news; victoria; Neighbourhood tree dispute laws to be reviewed by Victorian Law Reform Commission. If a tree on your neighbour's property is causing a nuisance to your property, the first step is to speak to the tree owner about your concerns. Neighbours trees and the law Laws on trimming your neighbour’s trees will vary depending on the state or city you are in. On the other hand, no-one wants to chop down a beautiful tree and you don’t expect it either. "Currently, there is no simple way to resolve a tree dispute. Legally you can remove branches from neighbouring trees that hang over your fence. The most common tree problems between neighbours include overhanging branches, tree "litter", shading and intruding roots. Because the common law remedies are complex, neighbours are encouraged to ask the Local Council to help before making a court application. Tree abatement laws state that the amount of tree you remove shouldn’t be excessive. Arguments about trees are the third largest category of disputes that come before the Dispute Settlement Centre of Victoria. FALLING leaves, encroaching branches and root damage are among some of … If your neighbour's tree is diseased or damaged and in danger of falling and you have not been able to reach an agreement with your neighbour, you are not legally entitled to take action yourself if the tree is on your neighbour's property. If a neighbour’s trees are overhanging your fence or if the roots are intruding onto your property in such a way that there is an ongoing, unreasonable interference with your enjoyment of your property, then the law says this is a “nuisance”. Your local council may also have tree preservation laws in place for certain kinds of trees … Overhanging branches or encroaching roots from a neighbour's tree can often be a source of conflict between neighbours. On 27 November, the Victorian Law Reform Commission’s (VLRC) “Neighbourhood Tree Disputes Report” was tabled in Parliament, making 63 recommendations to bring greater clarity to the laws and procedures governing such disputes. The right to cut the roots of any tree which encroach from the land of a neighbour are the same as those governing the cutting of branches. Nature Conservation Act 2014 (ACT): Includes offences relating to native trees and vegetation on leased and unleased land; 2. It's also important to note: 1. If branches from a neighbour’s tree hang over your side of the fence, you can cut off the overhanging branch and place them on the neighbour’s side of the fence. The Law on High Hedges, Trees and Overhanging Branches. By law, you don’t have to give notice to your neighbour before taking this action. The Dispute Settlement Centre of Victoriahas helpful information on how to talk to your neighbour. Your neighbour’s vicious dog will not disappear, yet you want to be safe on your own property. You are entitled to take action to stop that nuisance. You might wish to come to clarify that he won't spray things that are on your side of the fence as this would kill your trees, but he can cut back/prune overhanging branches (which is within his legal rights). Now, the Victorian Law Reform Commission is launching an inquiry aiming to improve the way neighbourhood tree disputes are dealt with in Victoria. First, try to agree on a resolution with your neighbour, perhaps even put it in writing. Establishing Ownership of Trees The tree belongs to the person upon whose land it has originally grown. Cor said though, that, just like you, your neighbour has a right to “the enjoyment of his or her own property,” which includes planting trees and erecting buildings (as long as they comply with the National Building Regulations and the by-laws of your local municipality) - even if they obstruct your view or block your sunlight. Hi @Jen_01 Have a read of the Legal Aid Victoria "Disputes with neighbours" page. It is a general principle in our law that a landowner (or lawful occupier of the land) is entitled to the use and enjoyment of the property provided that such use and enjoyment should not cause undue or unreasonable damage or inconvenience to your neighbour. The responsibilities of the tree owner and the rights of the aected neighbour in these situations are mainly covered by the common law about liability for nuisance and negligence. Pruning can only be done from your property - you can't step on… Victoria Law Foundation Neighbours, the law and you Being a neighbour 4 Common neighbourhood problems 6 Animals 6 Noise 10 Fences 14 Trees 18 Nuisance, including pollutionas animals, noise, fences and 20 Land use and buildingstrees. Trespass on Territory Land Act … The Tree Protection Act establishes an ACT Tree Register to protect individual trees (known as registered trees) and Tree Management Precinctsto protect trees in declared built-up urban areas (known as regulated trees). Although the presence of trees that cause a nuisance to a neighbour is not expressly prohibited, Section 1 (j) of The Public Health By-laws prohibits the presence of weeds, long grass and undergrowth which is likely, inter alia, to become a nuisance, and Section 1 (l) authorises the Council to treat as a public nuisance: We note that this is a general summary and overview of the approach taken by our courts, the principles of which would need to be applied to the facts in each case. recovering a debt from your neighbour incurred in the removal of overhanging branches - this is classed as a minor debt a tree affecting a neighbour’s land because there is a risk of injury, property damage or interference with enjoyment of the property. Damage to houses (your own or your neighbour's) caused by falling trees and branches is generally covered by home insurance policies as standard, but check the wording of your cover for any exclusions. Disputes over trees can arise for many reasons, including overreaching branches and roots, damage caused by a falling tree or overhanging branch, and trespass onto a neighbour’s property to deal with a tree. However, we recommend that you let your neighbour know before you start pruning branches. If an owner plants trees near the border of his neighbour’s property the owner must ensure that the border is not affected by overhanging branches, fallen leaves or intruding roots. 2.4 Although encroachment is an aspect of many tree disputes, it is not always a factor. The laws we are referring to are the actual legality of trimming any tree not just because it’s in your neighbour’s yard. 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